This
agreement applies as between you, the User of this Website and RDÉE Nouveau-Brunswick, the owner(s) of this Website. Your
agreement to comply with and be bound by Clauses 1, 2, 4 – 11 and 15 – 24 of
these Terms and Conditions is deemed to occur upon your first use of the
Website. Clauses 3 and 12 – 14 apply only to the sale of Services. If you do
not agree to be bound by 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 Our sending a confirmation email to you
indicating that your order has been accepted.
In this
Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information
and credentials used by Users to access Content and / or any communications
System on the Website;
"Content": means any text, graphics, images, audio,
video, software, data compilations and any other form of information capable of
being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities,
tools, services or information that RDÉE Nouveau-Brunswick makes available through the Website either now or in the future;
"Services": means the services available to you through
this Website, specifically use of the solutionrepreneuriat.getlearnworlds.com proprietary e-learning platform;
"Premises": Means Our place(s) of business located at 1040, Park Street, unit 3, Paquetville, N.-B.
E8R 1J7;
"System": means any online communications
infrastructure that RDÉE
Nouveau-Brunswick makes available through the Website either now or in the future.
This includes, but is not limited to, web-based email, message boards, live
chat facilities and email links;
"User"
/ "Users": means any third
party that accesses the Website and is not employed by RDÉE Nouveau-Brunswick and acting in the course of
their employment;
"Website": means the website that you are currently;
and
"We/Us/Our": means RDÉE
Nouveau-Brunswick, located
at 1040, Park Street, unit 3, Paquetville, N.-B.
E8R 1J7.
Persons
under the age of 18 should use this Website only with the supervision of an
Adult.
These
Terms and Conditions also apply to customers procuring Services in the course
of business.
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4.1 Subject
to the exceptions in Clause 5 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 RDÉE Nouveau-Brunswick, 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.
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4.2 Subject
to Clause 6 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.
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5.1 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.
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5.2 Subject
to Clause 6 you may 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.
Material
from the Website may be re-used without written permission if it is covered by
the Copyright Act.
This
Website may contain links to other sites. Unless expressly stated, these sites
are not under the control of RDÉE Nouveau-Brunswick or that of Our affiliates. We assume no
responsibility for the content of such websites and disclaim liability for any
and all forms of loss or damage arising out of the use of them. The inclusion
of a link to another site on this Website does not imply any endorsement of the
sites themselves or of those in control of them.
Those
wishing to place a link to this Website on other sites may do so only to the
home page of the site https://solutionrepreneuriat.getlearnworlds.com
without
Our prior permission.
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9.1 When
using any System on the Website you should do so in accordance with the
following rules. Failure to comply with these rules may result in your Account
being suspended or closed:
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9.1.1 You
must not use obscene or vulgar language;
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9.1.2 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;
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9.1.3 You
must not submit Content that is intended to promote or incite violence;
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9.1.4 It
is advised that submissions are made using the French language as We may be
unable to respond to enquiries submitted in any other languages;
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9.1.5 The
means by which you identify yourself must not violate these Terms and
Conditions or any applicable laws;
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9.1.6 You
must not impersonate other people, particularly employees and representatives
of RDÉE Nouveau-Brunswick or Our affiliates; and
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9.1.7 You
must not use Our System for unauthorised mass-communication such as
"spam" or "junk mail".
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9.2 You
acknowledge that RDÉE
Nouveau-Brunswick reserves the right to monitor any and all
communications made to Us or using Our System.
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9.3 You
acknowledge that RDÉE
Nouveau-Brunswick may retain copies of any and all communications
made to Us or using Our System.
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9.4 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.
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10.1 In
order 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 which may vary based upon your use of the Website. By
continuing to use this Website you represent and warrant that:
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10.1.1 all
information you submit is accurate and truthful;
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10.1.2 you
will keep this information accurate and up-to-date. Your creation of an Account
is further affirmation of your representation and warranty.
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10.2 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 as a result 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.
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10.3 If
you have reason to believe that your Account details have been obtained by
another person without consent, you should contact Us immediately to suspend
your Account.
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10.4 When
choosing your username you are required to adhere to the terms set out above in
Clause 9. Any failure to do so could result in the suspension and/or deletion
of your Account.
Either RDÉE Nouveau-Brunswick 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.
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12.1 Whilst
every effort has been made to ensure that all general descriptions of Services
available from RDÉE
Nouveau-Brunswick 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
individual requirements and circumstances. This does not exclude Our liability
for mistakes due to negligence on Our part and refers only to variations of the
correct Services, not different Services altogether.
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12.2 Where
appropriate, you may be required to select the required Plan of Services.
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12.3 We
neither represent nor warrant that such Services will be available at all times
and cannot necessarily confirm availability. Availability indications are not
provided on the Website.
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13.1 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 to you an order confirmation
email. Only once We have sent you an order confirmation email will there be a
binding contract between RDÉE
Nouveau-Brunswick and you.
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13.2 Order
confirmations under sub-Clause 13.1 will be sent to you before the Services
begin and shall contain the following information:
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13.2.1 Confirmation
of the Services ordered including full details of the main characteristics of
those Services;
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13.2.2 Relevant
times and dates for the provision of the Services;
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13.2.3 User
credentials and relevant information for accessing those services.
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13.3 RDÉE
Nouveau-Brunswick shall use all Our reasonable endeavours to
provide the Services with reasonable skill and care, commensurate with best
trade practice.
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13.4 RDÉE
Nouveau-Brunswick provides technical assistance through email or by phone,
or both. RDÉE Nouveau-Brunswick makes every effort to respond to
assistance requests within a timeframe of 2 to 5 business days during office
hours, from 8:30 am to 4:30 pm. RDÉE Nouveau-Brunswick does not
guarantee a specific response time.
We
want you to be completely satisfied with the Services you order from RDÉE Nouveau-Brunswick. If
you need to speak to us about your Order, then please contact customer service email
at info@solutionrepreneuriat.ca. If any Specific Terms accompanying the Service
contain terms about cancelling the Service, the cancellation policy in the
Specific Terms will apply.
Use of the
Website is also governed by Our Privacy Policy (https://solutionrepreneuriat.getlearnworlds.com/privacy)
which is incorporated into these Terms and Conditions by this reference. To
view the Privacy Policy, please click on the link above.
16. How We
Use Your Personal Information (Data Protection)
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16.1 All
personal information that We may collect (including, but not limited to, your
name and address) will be collected, used and held in accordance with the
provisions of the Personal Information Protection and Electronic Documents Act.
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16.2 We
may use your personal information to:
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16.2.1 Provide
Our Services to you;
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16.2.2 Process
your payment for the Services; and
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16.2.3 Inform
you of new products and services available from Us. You may request that We
stop sending you this information at any time.
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16.3 We
will not pass on your personal information to any other third parties without
first obtaining your express permission.
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17.1 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.
- 17.2 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.
- 17.3 No
part of this Website is intended to constitute a contractual offer capable of
acceptance.
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17.4 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 own internet security, that of your personal details
and your computers.
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.
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19.1 The
Website is provided “as is” and on an “as available” basis. RDÉE Nouveau-Brunswick 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.
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19.2 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.
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20.1 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.
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20.2 In
the event that 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.
In the
event that any party to these Terms and Conditions fails to exercise any right
or remedy contained herein, this shall not be construed as a waiver of that
right or remedy.
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.
23. 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 between you and RDÉE Nouveau-Brunswick.
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24.1 All
notices / communications shall be given to Us either by post to Our Premises
(see address above) or by email to info@solutionrepreneuriat.ca.
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24.2 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.